UNITED STATES DISTRICT COURT DISTRICT OF NEVADA …...Case 2:18-cv-01035-JAD-VCF Document 22-1 Filed...

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1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 UNITED STATES DISTRICT COURT DISTRICT OF NEVADA EBONY HOWARD, individually, and on behalf of all others similarly situated, Plaintiff, vs. SOUTHWEST GAS CORPORATION, Defendant. Case No.: 2:18-cv-01035-JAD-VCF JOINT MOTION FOR PRELIMINARY APPROVAL OF CLASS AND COLLECTIVE ACTION SETTLEMENT [PROPOSED] ORDER OF PRELIMINARY APPROVAL Upon consideration of the Joint Motion for Preliminary Approval of the class-wide settlement and its supporting memorandum, exhibits, and affidavit, and It appearing that the proposed settlement is fair and reasonable, and It further appearing that Notice of the Proposed Settlement and an opportunity to object will be sent to all class members, ORDERED that for purposes of settlement a Settlement Class is certified consisting of the following classes: For purposes of the FLSA settlement, the “Settlement Class” consists of all current or former hourly-paid dispatchers who work or worked for Defendant at any time between June 22, 2015 and October 1, 2018. The individuals have been identified in the settlement shares spreadsheet provided by Defendant to Class Counsel. For purposes of the Rule 23 Nevada settlement, the “Settlement Class” consists of all current or former hourly-paid dispatchers who work or worked for Defendant in the state of Nevada at any time between June 7, 2016 and October 1, 2018. These individuals have been identified in the settlement shares spreadsheet provided by Defendant to Class Counsel. ORDERED that Jason T. Brown and Nicholas Conlon of Brown, LLC are appointed Class ECF Nos. 18, 22 ECF Nos. 18, 22, and IT IS THEREFORE ORDERED that the Joint Motion for Preliminary Approval [ECF Nos. 18, 22] is GRANTED; IT IS FURTHER ORDER GRANTING Case 2:18-cv-01035-JAD-VCF Document 23 Filed 03/11/19 Page 1 of 3

Transcript of UNITED STATES DISTRICT COURT DISTRICT OF NEVADA …...Case 2:18-cv-01035-JAD-VCF Document 22-1 Filed...

Page 1: UNITED STATES DISTRICT COURT DISTRICT OF NEVADA …...Case 2:18-cv-01035-JAD-VCF Document 22-1 Filed 02/21/19 Page 2 of 4 ECF Nos. 18, 22 ECF Nos. 18, 22, and IT IS THEREFORE ORDERED

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UNITED STATES DISTRICT COURT

DISTRICT OF NEVADA

EBONY HOWARD, individually, and on behalf of all others similarly situated,

Plaintiff,

vs.

SOUTHWEST GAS CORPORATION,

Defendant.

Case No.: 2:18-cv-01035-JAD-VCF

JOINT MOTION FOR PRELIMINARY APPROVAL OF CLASS AND COLLECTIVE ACTION SETTLEMENT

[PROPOSED] ORDER OF PRELIMINARY APPROVAL

Upon consideration of the Joint Motion for Preliminary Approval of the class-wide

settlement and its supporting memorandum, exhibits, and affidavit, and

It appearing that the proposed settlement is fair and reasonable, and

It further appearing that Notice of the Proposed Settlement and an opportunity to object

will be sent to all class members,

It is therefore this day of 2019:

ORDERED that the Parties’ class-wide settlement is preliminarily fair and reasonable;

ORDERED that for purposes of settlement a Settlement Class is certified consisting of the

following classes:

For purposes of the FLSA settlement, the “Settlement Class” consists of all current or former hourly-paid dispatchers who work or worked for Defendant at any time between June 22, 2015 and October 1, 2018. The individuals have been identified in the settlement shares spreadsheet provided by Defendant to Class Counsel.

For purposes of the Rule 23 Nevada settlement, the “Settlement Class” consists of all current or former hourly-paid dispatchers who work or worked for Defendant in the state of Nevada at any time between June 7, 2016 and October 1, 2018. These individuals have been identified in the settlement shares spreadsheet provided by Defendant to Class Counsel.

ORDERED that Jason T. Brown and Nicholas Conlon of Brown, LLC are appointed Class

Case 2:18-cv-01035-JAD-VCF Document 22-1 Filed 02/21/19 Page 2 of 4

ECF Nos. 18, 22

ECF Nos. 18, 22, and

IT IS THEREFORE ORDERED that the Joint Motion for Preliminary Approval

[ECF Nos. 18, 22] is GRANTED; IT IS FURTHER

ORDER GRANTING

Case 2:18-cv-01035-JAD-VCF Document 23 Filed 03/11/19 Page 1 of 3

Page 2: UNITED STATES DISTRICT COURT DISTRICT OF NEVADA …...Case 2:18-cv-01035-JAD-VCF Document 22-1 Filed 02/21/19 Page 2 of 4 ECF Nos. 18, 22 ECF Nos. 18, 22, and IT IS THEREFORE ORDERED

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Counsel for the Settlement Class;

ORDERED that:

All capitalized terms not otherwise defined in this Order shall have the same meaning

ascribed to them in the Parties’ Settlement Agreement;

JND Legal Administration will serve as “Claims Administrator” in providing notice,

objection, claim process and administration services under the Settlement Agreement,

if preliminarily or finally determined to be fair;

Within ten (10) days of this Order, the Claims Administrator shall send by first-class

mail and email the Notice of Proposed Settlement (including Consent to Join and Opt

Out Forms) to all class members;

Class members shall lodge objections/opt-outs or submit claims as set forth in the

Notice of Proposed Settlement (including Consent to Join Form), which were jointly

proposed by the Parties and filed with the Court;

The Claims Administrator shall promptly send all completed Consent to Join Forms to

Plaintiff’s Counsel, who shall file such forms with the Court pursuant to 29 U.S.C. §

216(b).

ORDERED that the form and content of the Notice of Proposed Settlement set forth in the

Joint Motion for Preliminary Approval is adequate, proper, comports with Due Process and are

hereby approved;

ORDERED that a final fairness hearing be held on at the U.S.

District Court for the District of Nevada, Lloyd D. George Federal Courthouse, 333 Las Vegas

Blvd. South, Las Vegas, NV 89101.

ORDERED that counsel for the Parties shall file motion papers for final approval of all

terms of the Settlement Agreement no later than fourteen (14) days before the final fairness

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6/10/19

, Courtroom 6D.

6/10/19 at 3 p.m.

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Page 3: UNITED STATES DISTRICT COURT DISTRICT OF NEVADA …...Case 2:18-cv-01035-JAD-VCF Document 22-1 Filed 02/21/19 Page 2 of 4 ECF Nos. 18, 22 ECF Nos. 18, 22, and IT IS THEREFORE ORDERED

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hearing ( ); and it is

ORDERED that the Howard action is stayed pending the Court’s ruling on the settlement

at the final approval hearing.

Counsel for the Parties are hereby authorized to jointly use all reasonable procedures in

connection with approval and administration of the settlement that are not materially inconsistent

with this Order or the Settlement Agreement, including making, without further approval of the

Court, minor changes to the form or content of the Notice, and other exhibits that they jointly

agree are reasonable or necessary.

Honorable Jennifer A. Dorsey

United States District Judge

4850-8518-1572, v. 1

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_________________________________ U.S. District Judge Jennifer A. Dorsey Dated: March 7, 2019

; and it is

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